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ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

160606-ICON-S-PROGRAMME

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versities? Who are the national authorities appointed<br />

to implement the Programme? Answering all these<br />

questions means understanding how public law can<br />

transform boundaries and national diversity from a limit<br />

into a starting point for the international development.<br />

Beatrice Rabai: Universities without borders?<br />

As already clarified in the joint declaration on harmonization<br />

of the architecture of the European higher<br />

education system (Paris, the Sorbonne, May 25 <strong>19</strong>98),<br />

“Europe is not only that of the Euro, of the banks and<br />

the economy: it must be a Europe of knowledge as<br />

well”. The aim of harmonization of the higher education<br />

systems has been realized through freedom of establishment<br />

and recognition of diplomas and courses of<br />

study. It represents certainly a determining factor in<br />

the creation of a European area of democratic and<br />

competitive knowledge, able to attract resources and<br />

economic investments from all around the world. Selfreference,<br />

defensive barriers, protectionist policies are<br />

all factors of division in the unit, rather than cohesion<br />

of diversity. This paper aims to analyze, through the<br />

internal regulatory framework regarding the recognition<br />

of foreign qualifications and the work of national<br />

courts, the delicate process in Europe, with a special<br />

glance to the Italian system.<br />

the course of university studies and to the achievement<br />

of binational degrees. The study will analyse the different<br />

procedures to evaluate the quality of the research<br />

produced in Italy and other relevant factors including<br />

the capacity to attract resources to the degree of internationalisation.<br />

Antonia Baraggia: Overstepping the boundaries<br />

of national higher education systems: the role of<br />

the CJEU case law<br />

The allocation of competences between the EU<br />

and Member States in the field of higher education<br />

has been since the origin of the European Community<br />

a debated issue. Even if the Treaty of Rome did not<br />

provide an explicit reference to higher education and<br />

even if the provisions of the Maastricht Treaty remained<br />

vague on this point the CJEU played a fundamental<br />

role in expanding the influence of the EU in higher<br />

education matters and it contributed to establish a<br />

sort of ‘education public law’. IThe paper will give an<br />

overview of the role played by the CJEU in education<br />

issues and it will attempt to shed light on the intersection<br />

between education and internal market issues and<br />

education and EU citizenship. Finally the paper will<br />

reason on whether the CJEU case law has overstepped<br />

the boundaries of EU competences or whether it has<br />

interpreted correctly <strong>–</strong> even extensively <strong>–</strong> the Treaty<br />

provisions in pushing educational integration.<br />

Silvia Mirate: The Internationalization of the<br />

Italian <strong>University</strong> System<br />

The paper will explore the Italian recent regulations<br />

and public policies aiming to the so called Internationalization<br />

of <strong>University</strong> and the effective impacts of<br />

public law in major cohesiveness through academics.<br />

In particular it will deal with the different aspects of<br />

Internationalisation concerning the system of teachers<br />

and researchers’ mobility and the development of<br />

international academic programs which are related to<br />

Concurring panels 57

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